Pre-Trial Intervention

Pre-Trial Intervention Program

Purpose:

The District Attorney is required to make decisions on how to charge every arrest made in his/her jurisdiction ranging from minor infractions to violent crimes. The District Attorney is responsible for seeking justice based on the law and the facts of each individual case.

The Sixth Judicial District Court PTI Program was created to serve as an alternative to formal prosecution to assist the court with overloaded dockets and as a method of easing jail overcrowding. Also, the program provides for treatment and restitution, as well as an opportunity to salvage the futures of those who successfully complete the program.

Many times the requirements and conditions of the program are more rigorous than a court-ordered program, resulting in defendants often electing to be sentenced rather than fulfill the requirements of the PTI Program.

The PTI program requires supervision by the District Attorney's office for a time period of 6 to 24 months, depending on the nature of the offense. The District Attorney may also impose special conditions based on his review of the facts and circumstances of the case. The PTI Program will refer defendants to other programs that already exist in our community to fulfill certain requirements of the program.

The District Attorney has full authority to deny or authorize any individual as a candidate for the PTI Program. Nothing herein shall be construed to modify, limit or in any way inhibit the authority of the District Attorney as provided in the Louisiana Constitution of 1974 or the laws of our State.

Eligibility:

The charge is a misdemeanor or has been amended to a misdemeanor by the District Attorney's Office (some felony violations may be deemed eligible by the district attorney based on the circumstances of the charge);

The individual has no prior history or a criminal history that is insufficient to justify exclusion from the program; and

The individual agrees to fulfill the requirements and conditions of the PTI Program agreement as outlined by the PTI Director under the supervision of the District Attorney or Assistant District Attorney.

Eligible defendants will be able to review a copy of the general requirements, costs and conditions of the PTI Program, including average program duration and possible outcomes prior to making a decision to enroll. The eligible defendants shall have sufficient time to evaluate the consequences of accepting or rejecting entry in to the PTI Program.

DWI - DWI 1 st will have the same eligibility requirements mentioned above excluding those cases involving an accident causing injury to an individual or damage to personal property of others, in addition to: Driver’s DWI Class, Substance Abuse Counseling (AA meetings when deemed necessary); 48 hours community service; and 18 months of supervision are mandatory. DWI second or subsequent DWI offenders are not eligible for the PTI Program, without express written consent of the District Attorney.

Domestic Abuse - As a general rule, domestic abuse cases are not eligible for the PTI Program. However, under very rare circumstances, the District Attorney may allow participation based on the circumstances of the case and interviews with persons involved to assist a marriage or family that does not have a prior history of abuse or any other type of criminal history.

Requirements and Conditions:

Must refrain from any criminal conduct;

Must report to PTI officer monthly;

Must be employed, an active student, or actively seeking employment;

Must pay an enrollment fee (based on offense) and monthly supervision fees;

Must pay restitution in cases that restitution is appropriate and evidence of amount has been proved;

Community service is required by all participants, the number of community service hours are determined by the nature of the offense to be determined by the PTI Program Director with the approval of the District Attorney or supervising Assistant District Attorney;

Special classes or treatment plans are required for certain offenses;

Must refrain from frequenting unlawful or disreputable places or consorting with disreputable people;

Must report change of address or employment to PTI officer; and

Must not own or possess firearms or other dangerous weapons, except those used for hunting or recreational purposes and that are properly registered in your name.

Failure to comply within the allotted time for the program will result in either an extension of program or the case may be returned to the criminal department for full prosecution of the charges. The PTI Program retains the right to terminate the defendant from the program at any time the participant demonstrates unsatisfactory compliance with the program or other inappropriate, unsatisfactory conduct and the defendant shall not be entitled to a refund of monies paid to the program. If the District Attorney determines that, in the interest of justice, the monies should be returned to the expelled defendant, he may authorize said refund.

Successful completion of the PTI Program will result in a dismissal or rejection of the charges. The record of the individual will show no conviction. A letter stating the program has been completed will be given to the defendant at the end of the program for his or her records. A copy of the rejection or court minutes from the dismissal will be provided only if the defendant makes a request for them.

The District Attorney shall appoint an Assistant District Attorney to supervise and monitor admission to and participation in the PTI Program. The appointment shall be made on an annual basis beginning on January 1 st of each year.

In the event that a defendant meets the qualifications for pre-trial diversion, but is determined to be indigent, the defendant shall not be required to pay any fees associated with participation in the program. In lieu of payment, the defendant shall perform community service, perform volunteer work with an approved non-profit organization or some other similarly associated activity. The PTI Program Director, after consultation and approval by either the District Attorney or Assistant District Attorney, shall determine the appropriate requirement.